For the purposes of this part:
(1) “Affected persons” includes:
- (A) The applicant;
- (B) The Division of Environmental Quality;
- (C) The regional solid waste management board for the area in which the proposed solid waste facility is to be located;
- (D) The regional solid waste management board having jurisdiction in contiguous areas to the location;
- (E) Units of general local government within the geographical area served, or to be served, by the applicant and within the regional solid waste management district; and
- (F) Solid waste facility permittees having a permitted solid waste facility in the regional solid waste management district in which the solid waste facility is proposed to be located;
(2)
- (A) “Certificate of need” means a certificate issued by the Board of Directors of the Southeast Arkansas Regional Solid Waste Management District to an individual or organization proposing to obtain a solid waste facility permit for solid waste disposal or transfer.
- (B) The certificate recognizes that such solid waste facility, when available, will be needed by those for whom it is intended.
- (C) A certificate of need is a condition of application for a solid waste facility permit under the Solid Waste Management Rules, 8 CAR pt. 60.
- (D) The Division of Environmental Quality may deny any permit based upon the denial of a certificate of need by the Board of Directors of the Southeast Arkansas Regional Solid Waste Management District;
(3)
- (A) “Certificate of need review” means a review of petitions for certificates of need where the solid waste facility, if permitted, will be located in this jurisdictional area.
- (B) Under Acts 1989, No. 870, regional solid waste management boards are required to have the respective regional solid waste management board administer a certificate of need review program;
(4) “Interested party” includes:
- (A) The director or his or her designee;
- (B) The Board of Directors of the Southeast Arkansas Regional Solid Waste Management District;
- (C) The person making application to the Board of Directors of the Southeast Arkansas Regional Solid Waste Management District; or
- (D) Any person submitting written comments on the application within the public comment period;
(5) “Solid waste” means all putrescible and nonputrescible waste in solid or semisolid form, including, but not limited to:
- (A) Yard and food waste;
- (B) Waste glass;
- (C) Waste metals;
- (D) Waste plastics;
- (E) Waste papers;
- (F) Waste paperboard; and
- (G) All other solid or semisolid wastes resulting from industrial, commercial, agricultural, community, and residential activities; and
(6)
- (A) “Solid waste facility” means a permitted landfill under the Arkansas Solid Waste Management Act, Arkansas Code § 8-6-201 et seq., except those permitted landfills where a private industry bears the expense of operating and maintaining the landfill solely for the disposal of waste generated by the industry or waste of a similar kind of character.
(B) “Solid waste facility” also includes, except as limited above:
- (i) Disposal sites, which means any place at which solid waste is dumped, abandoned, or accepted or disposed of for final disposition by incineration, landfilling, composting, or any other method; and
- (ii) Transfer stations, which means a facility that is used to manage the removal, compaction, and transfer of solid waste from collection vehicles and other small vehicles to greater capacity transport vehicles.